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NEVINS v. N.H. DEP'T OF RESOURCES AND ECONOMIC DEV.

No. 2000-149.

147 N.H. 484 (2002)

NEIL NEVINS & a. v. NEW HAMPSHIRE DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT & a.

Supreme Court of New Hampshire.

Opinion Issued: March 11, 2002.

Attorney(s) appearing for the Case

Baldwin, Callen, Hogan & Kidd, P.L.L.C., of Concord (Grant Kidd on the brief and orally), for the plaintiffs.

Philip T. McLaughlin, attorney general (Douglas N. Jones, assistant attorney general, on the brief, and Michael K. Brown, assistant attorney general, orally), for the State.

Orr & Reno, P.A., of Concord (Neil F. Castaldo on the brief, and Bradford W. Kuster orally), for Appalachian Mountain Club, as amicus curiae.

DUGGAN, J.

The plaintiffs appeal from an order of the Superior Court (McGuire, J.) granting summary judgment to the defendants, the New Hampshire Department of Resources and Economic Development (DRED), the commissioner of DRED, and the administrator of the land management division. The court denied the plaintiffs' request to declare that the defendants acted illegally in permitting the erection of a 180-foot telecommunication...

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